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ORDINANCE NO. 6019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING NEW
SECTIONS 18.04.245 AND 18.52.065 OF THE AUBURN
CITY CODE RELATING TO COMMERCIAL VEHICLES
WHEREAS, from time to time, amendments to the City of Auburn zoning
code are appropriate, in order to update and better reflect the current
development needs and standards of the City; and,
WHEREAS, a need has been identified to better address off-street parking
of commercial vehicles in residential zones; and,
WHEREAS, following public notice, the City of Auburn Planning
Commission held two public hearings, one on February 7, 2006 and another on
March 7, 2006, on proposed code amendments regarding off-street parking of
commercial vehicles in residential zones; and
WHEREAS, after fully considering the testimony and information
presented at the public hearings, on April 4, 2006, the Planning Commission
made its recommendations for code amendments to the City of Auburn City
Council; and,
WHEREAS, the City Council has reviewed and considered the Planning
Commission recommendations; and,
WHEREAS, environmental review on the proposal has been completed in
accordance with the requirements of the State Environmental Policy Act (SEPA),
with a final determination of non-significance (DNS) issued February 16, 2006;
and,
WHEREAS, the City Council finds that the proposal was received by State
agencies for the 60-day review period on January 31, 2006, also in accordance
with state law, RCW 36. 70A.1 06.
Ordinance No. 6019
May 1, 2006
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section One CREATION OF NEW SECTION TO CITY CODE. A
new Section 18.04.245 of the Auburn City Code is hereby created to read as
follows:
18.04.245 Commercial vehicle.
For the purposes hereof, "commercial vehicle" means semi-truck
tractors and/or semi-trailers (over 26,001 pounds gross vehicle weight
rating) used in any commercial enterprise.
Section Two
CREATION OF NEW SECTION TO CITY CODE. A
new Section 18.52.065 of the Auburn City Code is hereby created to read as
follows:
18.52.065 Commercial Vehicles in Residential Zones.
A. No person shall park any commercial vehicle on any
property within the following zoning districts in the City: (R1) Single Family
Residential, (R2) Single Family Residential, (R3) Duplex Residential, (R4)
Multiple Family Residential, (LHR1) Single Family Residential, (LHR2)
Single Family Residential, (LHR4) Multiple Family Residential, and (PUD)
Planned Unit Development.
B. No person shall park more than one (1) commercial vehicle
on any property within the Single Family Residential (RS) zoning district in
the City, and no person shall park more than two (2) commercial vehicles
on any property within the Rural Residential (RR) zoning district in the
City.
C. It shall be a defense to a violation of this section that during
the entire time that the vehicle was parked in the residential neighborhood
the operator of the vehicle was actively engaged in making a delivery or
providing services to residents in the immediate vicinity of where the
vehicle was parked.
Section Three
CONSTITUTIONALITY OR INVALIDITY. If any
section, subsection, sentence, clause, phrase or portion of this Ordinance, is for
any reason held invalid or unconstitutional by any Court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions thereof.
Ordinance No. 6019
May 1 , 2006
Page 2 of 3
Section Four
IMPLEMENTATION. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section Five
Effective Date. This Ordinance shall take effect and
be in force five days from and after its passage, approval, and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
MAY
MAY
MAY
1 l006
1 2006
1 2006
G?-o
\
PETER B. LEWIS
MAYOR
ATTEST:
JDi1uDi!J1b-
barnelle E. Daskam,
City Clerk
PUBLISH: !1\a~ S) '2(.::0":>
Ordinance No. 6019
May 1, 2006
Page 3 of 3